Local OTR Driver?

I have been working for a private company for 90 days now and they classify their drivers as OTR 8day/70hrs even though you only operate in 3 states and are home everyday. They pay per mile and stop which I tried to avoid my before taking this job but it is decent as I only do drop and hook. My issue is with the company making us sign papers saying we will adhere to the new 34hr restart rule yet wanting us to work days that would nullify the rule. Example: my schedule is overnights, Mon thru Fri. So I always get off the next morning between 6 and 8am. If I apply the 34hr restart, my hrs don't replenish until 6am Mon morning from getting off Sat morning. Yet, they always want drivers to work OT on Sundays. If I did then I would have to play the recap the hrs game until I took a 1am to 5am break twice. Being that I am a local driver, can they classify me as OTR legally and use the OTR rules only when it benefits them?

 

It depends but never close to the max. I'm not worried about that,what I am worried about is the company reeling me in with the set schedule and then changing it when it suits them. Not to mention the fact that they made me sign a paper saying I understood the new reset rules and yet they don't seem to mind ignoring them. I hate feeling like I've been hit with a bait and switch. Either I'm a local driver or I'm not in which case I will try to find another job.

 

At my last job we would be in about 8 states too and were still categorized as local. But they didn't try to mess with our set schedule. I think they are following in the JB tradition so they can pay as little as possible. Just got a email saying that me and another new driver will be having a 15 min "meeting" tomorrow morning. Probably because we aren't coming in Sundays citing the restart.

 

From NJ, didn't mean 8 states daily but would run through about 4 i.e. NJ-MA. Yeah, those western states are huge compared to the east. Lol